Thangamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Thangamani ... Petitioner/Accused No.2 Vs The Inspector of Police, Gujiliamparai Police Station, Dindigul District.

(In Crime No.92/2024)..

... Respondent/Complainant For Petitioner : Mr.D.Karthikraja,Advocate For Respondent: Mr.P.Kottaichamy, Government Advocate (Crl.Side) For Intervenor : Mr.R.Mathiyalagan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.92/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.92 of 2024, for the offence punishable under Sections 294(b), 341, 323, 324, 506(ii) IPC & Section 4 of TNPHW Act @ 294(b), 341, 323, 324, 307, 506(ii) IPC & Section 4 of TNPHW Act, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 23.03.2024 the accused persons abused the defacto complainant in filthy language and threatened her with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case, since she is the wife of A1. The A1 and the defacto complainant are brothers and they are having property dispute between them. During the year 2014, a case and case in counter were registered against the parties. Based on those FIRs, two cases in C.C.Nos.202 and 204 of 2014 are pending before the Judicial Magistrate Court, Vedasandur. However, 2/5

based on the same set of facts, this case has been falsely foisted against her and her husband. A1 is still in custody. The petitioner is working as the Assistant Educational Officer at Kujiliyamparai. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the investigation is yet to be completed. However, he fairly submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the property dispute between the parties and the working status of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the 3/5

learned Judicial Magistrate, Vedasandur.

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (iii) The petitioner shall appear before the respondent police on every Saturday at 10.30a,m., for a period of four weeks, and thereafter, shall appear before the respondent Police as and when required for interrogation. The petitioner has to cooperate for the investigation. (iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 24/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO THE JUDICIAL MAGISTRATE, VEDASANDUR.

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DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

THE INSPECTOR OF POLICE GUJILIAMPARAI POLICE STATION, DINDIGUL DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to A.MOHAN Advocate SR.No.22168(F) dt: 24/04/2024

ORDER

IN CRL OP(MD) No.6289 of 2024 Date :24/04/2024 PKP/JGB/SAR /30.04.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5